Formerly lawyers who fought against each other in the Bush vs. Gore case, Ted Olson and David Boies have joined together to fight Prop 8. They will be asking for "a preliminary motion eeking a temporary and permanent injunction against enforcement of Prop 8 on the grounds that the state constitutional amendment violates the Due Process and Equal Protection clauses of the U.S. Constitution."

If approved, gay marriage could temporarily be legal until the a decision was made. However, California Attorney General Jerry Brown, who also believes Prop 8 should be stricken, is concerned about such a move. "Staying operation of Proposition 8, without the certainty of a final judgment as to its constitutionality, would leave same-sex couples, as well as their families, friends, and the wider community, in legal limbo," he said